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(영문) 인천지방법원 2018.09.06 2017나68106
청구이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. From 2009 to 2011, the Defendant operated the main points in Seo-gu Incheon, Seo-gu, Incheon, and the Plaintiff was an employee of the said main points from 2009 to 2010.

B. On April 18, 2016, the Plaintiff lent KRW 51,300,00 to the Plaintiff on April 18, 2016 at a new law firm office (the same day). The Plaintiff shall pay 2,137,500 won to the Defendant each 14th day from May 14, 2016, and shall set the rate of damages for delay at 25% per annum, and if the Plaintiff fails to perform his/her monetary obligation, he/she shall immediately undergo compulsory execution, commission a notary public to prepare an “notarial deed on money consumption loan” (No. 208, No. 2016, No. 1, and 1).

C. On May 2, 2016, the Plaintiff lent KRW 8,880,00 to the Plaintiff on May 2, 2016 at a law firm C&P office (the same day). The Plaintiff, from May 14, 2016 to April 14, 2018, divided the amount of KRW 370,000 each time to the Defendant by 24% each time from May 14, 2016, and the rate of damages for delay is 25% per annum. If the Plaintiff fails to perform the said monetary obligation, the Plaintiff entrusted a notary public to prepare a notarial deed stating the indication of recognition that there is no objection even if he/she is forced to perform the said monetary obligation, and received the “notarial deed” (No. 219, No. 219, No. 2, and No. 2, 2016, No. 21, and a notarial deed in total as well as the instant notarial deed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the result of the party principal examination against the plaintiff of the first instance, the party principal examination results against the defendant of the party, the purport of the whole pleadings

2. Whether a claim under a notarial deed is established;

A. The Plaintiff’s assertion by the parties is at the time of preparing the instant notarial deed.

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